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HomeMy WebLinkAbout3C - Sand Creek Watershed Management CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: C()IlJlEC,~(j CfJ7 "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" 3 (C) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF AMENDED JOINT POWER AGREEMENT FOR SAND CREEK WATERSHED MANAGEMENT ORGANIZATION APRIL 1, 1991 The purpose of this Agenda item is to consider approving an amended Joint Power Agreement for the Sand Creek Watershed Management Organization (SCWMO). The City of New Prague has requested to be included as a member into the Sand Creek Watershed Management Organization (SCWMO) and the SCWMO Board has approved the inclusion of New Prague to the SCWMO. An amended Joint Power Agreement is enclosed in the Agenda Packet for Council review and approval. A Joint Power Agreement for establishing a Watershed Commission for the Sand Creek Watershed was approved by the City Council on December 16, 1985 by Resolution No. 85-35. From this Agreement, a Watershed Management Organization was formed as required by the Metropolitan Water Management Act and Minnesota Statute 473.878. The SCWMO has met since 1986 to form a surface water management plan. This plan has been completed and is at the Minnesota Board of Water and Soil Resources for approval. The Metropolitan Surface Water Act applied to the seven county metro area which includes Scott County. In the initial Joint Power Agreement, the membership of the local unit of governments was limited to those within Scott County. The City of New Prague was excluded initially as most of its area is in Le Sueur County. The City of New Prague has requested consideration of membership into the SCWMO at the July, 1990 meeting. The SCWMO vote to accept New Prague as a member if the City paid its fair share in preparing the Water 4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 An Equal Opportunity/Affirmative Action Employer DISCUSSION: RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: Management Plan. The City of New Prague has given written notice approval on paying their proportion amount of the plan preparation total cost. Thus, the Joint Power Agreement has been amended to include the City of New Prague as a member. The other change in the amended Agreement versus the original Agreement is that the General Purpose paragraph has been rewritten to coincide with the purpose statement of the Metropolitan Water Management Act. The amended Joint Power Agreement will add the City of New Prague to the SCWMO. The inclusion of New Prague into the SCWMO will add 1400 acres in area and will decrease the percentage of the other members annual share to the SCWMO. This amended agreement will not significantly affect the City of Prior Lake. The City has 195 acres in the Sand Creek Watershed and accounts for .2% of the SCWMO area in Scott County. The 1990 annual City's share to the SCWMO is $13.20. Recommendation is to approve Resolution No. 91-14 so that the proper City officials can sign the Amended Joint Power Agreement. The alternatives are as follows: 1. Approve Resolution No. 91-14. 2. Disapprove Resolution No. 91-14 for specific reasons. 3. Table this item for specific reasons. This item has no impact on the budget. Make a motion, as part of the Consent Agenda, to approve Resolution No. 91-14. ~I . CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" 3 (c) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF AMENDED JOINT POWER AGREEMENT FOR SAND CREEK WATERSHED MANAGEMENT ORGANIZATION APRIL 1, 1991 The purpose of this Agenda item is to consider approving an amended Joint Power Agreement for the Sand Creek Watershed Management Organization (SCWMO). The City of New Prague has requested to be included as a member into the Sand Creek Watershed Management Organization (SCWMO) and the SCWMO Board has approved the inclusion of New Prague to the SCWMO. An amended Joint Power Agreement is enclosed in the Agenda Packet for Council review and approval. A Joint Power Agreement for establishing a Watershed Commission for the Sand Creek Watershed was approved by the City Council on December 16, 1991 by Resolution No. 85-35. From this Agreement, a Watershed Management Organization was formed as required by the Metropolitan Water Management Act and Minnesota Statute 473.878. The SCWMO has met since 1986 to form a surface water management plan. This plan has been completed and is at the Minnesota Board of Water and Soil Resources for approval. The Metropolitan Surface Water Act applied to the seven county metro area which includes Scott County. In the initial Joint Power Agreement, the membership of the local unit of governments was limited to those within Scott County. The City of New Prague was excluded initially as most of its area is in Le Sueur County. The City of New Prague has requested consideration of membership into the SCWMO at the July, 1990 meeting. The SCWMO vote to accept New Prague as a member if the City paid its fair share in preparing the Water 4629 Dakota 51. 5.E.. Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 4474245 An Equal Opportunity. Affirmative Action Employer DISCUSSION: RECOMMENDATION: ALTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: given written notice approval on paying their proportion amount of the plan preparation total cost. Thus, the Joint Power Agreement has been amended to include the city of New Prague as a member. The other change in the amended A9reement versus the original Agreement 1S that the General Purpose paragraph has been rewritten to coincide with the purpose statement of the Metropolitan Water Management Act. The amended Joint Power Agreement will add the City of New Prague to the SCWMO. The inclusion of New Prague into the SCWMO will add 1400 acres in area and will decrease the percentage of the other members annual share to the SCWMO. This amended agreement will not significantly affect the city of Prior Lake. The City has 195 acres in the Sand Creek Watershed and accounts for .2% of the SCWMO area in Scott Countr. The 1990 annual City's share to the SCWMO lS $13.20. Recommendation is to approve Resolution No. 91-14 so that the proper City officials can sign the Amended Joint Power Agreement. The alternatives are as follows: 1. Approve Resolution No. 91-14. 2. Disapprove Resolution No. 91-14 for specific reasons. 3. Table this item for specific reasons. This item has no impact on the budget. Make a motion, as part of the Consent Agenda, to approve Resolution No. 91-14. "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" RESOLUTION 91-14 RESOLUTION APPROVING THE AMENDED JOINT POWER AGREEMENT ESTABLISHING A WATERSHED COMMISSION FOR THE SAND CREEK WATERSHED MOTIONED BY SECONDED BY WHEREAS, the City of Prior has a portion of its area within the Sand Creek drainage basin; and WHEREAS, the Metropolitan Surface Water Management Act requires that Storm Water Management plans shall be prepared and implemented over the seven County metropolitan area; and WHEREAS, a Joint Power Agreement has been prepared the Metropolitan Surface Water Management passed and adopted by the City Councll on 1985, and WHEREAS, an amended Joint Power Agreement has been prepared to include the City of New Prague as a member to the Watershed Commission. to implement Act and was December 16, NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that the amended Joint Power Agreement for the Sand Creek Watershed is hereby approved. Passed and adopted this Istth day of April , 1991. YES NO Andren Fitzgerald Larson Scott White Andren Fitzgerald Larson Scott White David J. Unmacht City Manager City of Prior Lake {Seal} 4629 Dakota 51. 5.E.. Prior Lake. Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 An Equal Opportunity/Affirmative Action Employer JOINT POWER AGREEMENT ESTABLISHING A WATERSHED COMMISSION FOR THE SAND CREEK WATERSHED , The parties to this agreement are Cities and Townships which have land that drain surface water into the Sand Creek, or land within the legal boundary of the watershed. This agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes 1982 ~71.59 and 103B.201. 1. Name. The parties hereby create and establish the Sand Creek Water Management Commission. 2. General_~rpose. The purpose of this agreement is to provide an organization to: al protect, preserve, and use natural surface and groundwater storage and retention systems; bl minimize public capital expenditures needed to correct flooding and water quality problems; c) identify and plan for means to effectively protect and improve surface and groundwater quality; d) establish more uniform local policies and official controls for surface and groundwater management; e) prevent erosion of soil into surface water systems; f) promote groundwater recharge; g) protect and enhance fish and wildlife habitat and water recreational facilities; hI secure the other benefits associated with the proper management of surface and groundwater; and il carry out all the duties and responsibilities outlined in Minnesota Statutes 103B.201 through 103B.251 to the extent authorized in this agreement. 3. Definitions. Subdivision 1. "Co!M\ission" means the organization created by this agreement in full name of which is "Sand Creek Watershed Management Commission". It shall be a public agency of its members. Subdivision 2. "Board" means the appointees to the Commission who shall serve as the governing body. Subdivision 3. "Government unit" means any Township or City which is a member of this Commission. Subdivision". "Member" means a governmental unit which enters into this agreement. Subdivision 5. "Sand Creek Watershed" or "Watershed" means the geographic area contained within a line drawn around the extremities of all terrain whose surface drainage is tributary to this area or are within the legal boundary of the Sand Creek Watershed and within the mapped areas delineated on the map filed with the Board of Water and Soil Resources pursuant to Minnesota Statutes 103B.211 subd. 2. ~. Membership. The membership of the Commission shall consist of the following governmental units: Belle Plaine Township Cedar Lake Township Helena Township 'City of Jordan Louisville Township New Market Township City of Prior Lake St. Lawrence Township Sand Creek Township City of Shako pee Spring Lake Township City of New Prague No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any governmental unit listed to be represented on the Commission, 50 long as such governmental unit continues to exist as a separate political entity. 5. Advisors. The following shall be requested to appoint a nonvoting advisory member to the Commission; Scott County; Scott Soil and Water Conservation District. The County and District shall not contribute funds for the operation of the Water Management Organization (WMO) , except as provided in Minnesota Statute 103B.251, but may provide techni~al services. 6. Board of Commissioners. Subdivision 1. The governing body of the Commission shall be its Board, which shall consist of twelve (12) members, one from each governmental unit, during the preparation and adoption of the initial watershed plan. After adoption of tl~ watershed plan, the Board shall consist of only seven (7) members. The seven (7) members shall consist of one (1) Commissioner appointed jointly by the Cities of Shakopee and Prior Lake, and the Townships of Louisville and Spring Lake, one (1) Commissioner appointed by the City of New Prague, one (1) Commissioner appointed by the City of Jordan, one (1) Commissioner appointed by the Township of Sand Creek, one (1) Commissioner appointed by the Township of Helena, one (1) Commissioner appointed jointly by the Townships of Belle Plaine and St. Lawrence, one (1) Commissioner appointed jointly by the Townships of Cedar Lake and New Market. Vacancies in office shall be filled for the remainder of the term by the governing bodies who appointed or had the right to appoint the Commissioner. The members shall meet upon 10 days notice at a time and place selected by the Chairman of the Board. The members of each group shall select the Commissioner by majority vote of the members present. Subdivision 2. The twelve (12) Commissioners shall be appointed for a term to coincide with the formation of the initial Board, expiring upon adoption of the initial Plan. The terms of the Commissioners of_ the seven (7) member Board shall be for three (3) years or until their successors are selected and qualify, and shall commence after the adoption of the initial plan, except that the terms of the Commissioners first appointed shall commence from the date of their appointment and shall terminate as follows: A. One Commissioner appointed by the Cities of Shakopee and Prior Lake, and the Townships of Louisville and Spring Lake whose term shall expire December 31. 1992 or upon adoption of the Plan, whichever is later; and B. One Commissioner appointed by the City of New Prague whose term shall expire December 31, 1991 or upon adoption of the Plan whichever is later; and C. One Commissioner appointed by the City of Jordan whose term shall expire December 31, 1992 or upon adoption of the Plan whichever is later; and D. One Commissioner appointed by the Township of Sand Creek whose term shall expire December 31, 1991 or upon adoption of the Plan whichever is later; and E. One commissioner appointed by the Township of Helena shall be for a term expiring December 31, 1993 or upon adoption of the Plan whichever is later; and F. One Commissioner appointed jointly by the Townships of Belle Plaine and St. Lawrence whose term shall expire December 31, 1994 or upon adoption of the Plan, whichever is later; and G. One Commissioner appointed jointly by the Townships of Cedar Lake and New Market whose term shall expire December 31, 1993 or upon adoption of the Plan, whichever is later; and H. A vacancy shall be filled within 30 days by the appropriate governmental units. Subdivision 3. A Commissioner may be removed from the Board prior to the expiration of his or her term by the member governmental unit replacing the Commissioner who has been appointed. Subdivision 4. Commissioners shall serve with compensation set by and from the Commission. Subdivision 5. At the first meeting of the Board each year the Board shall elect from its commissionets a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. At the ,organizational meeting or as soon thereafter as it may be reasonably done, the Board shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from t~e to time at either a regular or a special meeting of the Board provided that at least ten days prior notice of the proposed amendment has been furnished to each person to whom notice of the Board meetings is required to be sent. A majority vote of all eligible votes of the then existing members of the Board shall be sufficient to adopt any proposed amendment to such rules and regulations. 7. Po",ersand Duties of.. the Corrmission. Subdivision 1. The Commission, acting by its Board of Corrmissioners: (a) Shall prepare a watershed management plan meeting the requirements of Minnesota Statute 103B.231j (b) The plan as developed by the Watershed Commission shall include and address those items as listed in Section 2 under General Purpose. Each member within the watershed organization shall approve said plan prior to its adoption and prior to drafting an implementation plan. (c) Amendments to the plan must be approved by all members. (dl Review and approve local plans. Subdivision 2. The Commission may employ such persons as it deems necessary to accomplish its duties and powers as set forth in the plan. However, each member may provide such professional assistance as it considers necessary to assist the Commission to accomplish its duties and powers. Professional services must be approved by a ~/7 vote of the Board. Subdivision 3. The Commission may contract for space and for material and supplies to carry on its activities either with a member or elsewhere. Subdivision ~. The Commission may acquire necessary personal property to carry out its powers anJ its duties. Subdivision 5. The Commission may make necessary surveys or use other reliable surveys and data to prepare and submit a plan. Subdivision 6. The Commission shall cooperate with the Board of Water and Soil Resources and other Minnesota and Federal agencies having authority to manage water problems for obtaining information to prepare and submit a plan. Subdivision 7. The Commission may contract for or purchase such insurance as the Board deems necessary for the protection of the Commission. Subdivision B. The Commission may enter upon lands within or without the watershed when necessary to~make surveys and investigations to accomplish the purposes of the Commission. This does not preempt the property owners the rights assert a claim for damages where interference with the use of the land takes place. Subdivision 9. Upon completion of the plan the Commission shall upon request provide any member governmental unit with technical data, or any other information which the Commission has knowledge of, which. will assist the governmental unit. Subdivision 10. The Commission may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 11. The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file a report to its members at least once each year including the following information: (a) The financial condition of the Commission; (b) The status of plan; and (c) The business transacted by the Commission and other matters which affect the interests of the Commission. Copies of the report shall be transmitted to the clerk of each member governmental unit. Subdivision 12. The Commission's books, reports and records shall be available for, and open to, inspection by its members at all reasonable times. Subdivision 13. The Commission may recommend changes in this agreement to it members. Any changes must be accepted and approved by all the members. 8. Finances. q11bdivision 1. The Commission funds may be expended by the Board in accordance with this agreement in a manner determined by the Board. The Board shall designate one or more national or state bank or thrift companies authorized to received deposits of public monies to act as depositories for the Commission funds. In no event shall there be a disbursement of Commission funds without the signature of at least two Board members, one of whom shall be the treasurer. The treasurer shall be required to file with the secretary of the Board a bond in the sum of at least S10,000.00 or such higher amount as shall be determined by the Board. The Commission shall pay the premium on said bond. Subdivision 2. General Administration; contracts. Each member agrees to contribute each year to a general fund, said fund to be used for general administration purposes including, but not l~ited to: salaries, rent, supplies, development of an overall plan, insurance, bonds. The annual contribution by each member shall be based fifty percent (50%) on the assessed valuation of all property within the watershed and fifty percent (50%) on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the watershed. In no event shall any assessment require a contribution by a local unit of government in any calendar year to exceed one-half of a mill on each dollar of assessed valuation of its territory within the watershed. The governmental unit at their annual budget meeting shall make a levy not to exceed the amount assessed. Subdivision 3. Upon ratification of this agreement, the Board !hall adopt a general administrative budget within 90 day! by a majority vote of its members. On or before January 1 of each year thereafter, the Board shall adopt a general administrative budget by a majority vote for the ensuing year and decide upon the total amount necessary for the general fund. The secretary of the Board shall certify the budget on or before January 15 to the clerk of each member governmental unit, together with a statement of the proportion of the budget to be provided by each member. The governmental unit of each member agrees it will review the budget, and the Board shall upon notice from any member received prior to February 15, hear objections to the budget, and may, upon notice to all members and after a hearing, modify or amend the budget, and then give notice to the members of any and all modifications or amendments. Each member agrees to provide the funds required by the budget and said determination shall be conclusive. 9. Duration. Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 1996, and it may be continued thereafter upon the agreement of all the parties. Any member prior to January 1, 2000 may petition the Board to dissolve the agreement. Upon 30 days notice in writing to the clerk of each member governmental unit, the Board shall hold a hearing and upon a favorable vote by ~/7 of all eligible votes of then existing Board members, the Board may by resolution recommend that the Commission be dissol~ed. The resolution shall be submitted to each member governmental unit within 60 days, and if approved by a ~/7 vote of the members the Board shall dissolve the Commission allowing a reasonable time to complete work in progress and to dispose of personal property owned by the Commission. 10. Dissolution. Upon dissolution of the Commission, all property of the Commission shall be sold and the proceeds thereof, together with monies on hand, shall be distributed to the eligible members of the Commission. Such distribution of Commission assets shall be made in_proportion to the total contribution to the Commission required by the last annual budget. 11. Effective Date. This agreement shall be in full force and effect when all delineated designated governmental units within the watershed in paragraph four of this agreement, file a certified copy of a resolution approving this agreement and upon the execution of this agreement by all the parties. All members need not sign the same copy. The resolution and signed agreement shall be filed with the Chairperson of the Board who shall notify all members in writing of its effective date. Prior to the effective date of this agreement, any signatory may rescind their approval. Unless all twelve (12) members have signed this agreement by June 1, 1991, it shall be null and void. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this agreement to be executed in accordance with the authority of Minn. Stat. ~71.59. Approved by the Township Board BELLE PLAINE TOWNSHIP _' 1991. By Attest Approved by the Township Board CEDAR LAKE TOWNSHIP _. 1991. By Attest Approved by the Township Board HELFNA TOWNSHIP -' 1991. By Attest Approved by the City Council CITY OF JORDAN _. 1991. By Attest Approved by the Township Board LOUISVILLE TOWNSHIP . 1991. By Attest Approved by the Township Board NEW MARKET TOWNSHIP l- _. 1991. By Attest Approved by the City Council _. 1991. Approved by the Township Board _. 1991. Approved by the Township Board _, 1991. Approved by the City Council _, 1991. Approved by the Township Board _' 1991. Approved by the City Council _. 1991. CITY OF PRIOR LAKE By Attest ST. LAWRENCE TOWNSHIP By Attest SAND CREEK TOWNSHIP By Attest CITY OF SHAKOPEE By Attest SPRING LAKE TOWNSHIP By Attest CITY OF NEW PRAGUE By Attest i-